Understanding the Differences Between Deadly and Dangerous Weapons
Understanding Assault and Battery with a Deadly Weapon
I’m Tulsa lawyer James Wirth. Assault and battery with a deadly weapon is a serious crime in Oklahoma that can lead to life imprisonment. Assault and battery is the willful, unlawful use of force or violence upon another person. But what makes it assault and battery with a deadly weapon? It’s the addition of a weapon designed and constructed to cause death or great bodily injury.
Unlike a dangerous weapon, a deadly weapon doesn’t require a higher mens rea requirement. It’s a general intent crime where the prosecution needs to prove that the weapon was deadly, and not necessarily that the accused intended to cause harm or injury.
What Constitutes a Deadly Weapon?
According to Oklahoma laws, a deadly weapon is any instrument that’s designed or constructed to cause death or great bodily injury. It includes pistols, revolvers, daggers, swords, and any object that’s used in a way that could cause death or great bodily injury.
It’s important to note that it’s not about how the weapon is used, but how it was designed and constructed. If an object was intended to be a weapon and could cause death or great bodily injury, it’s considered a deadly weapon.
Consult with an Attorney
If you’re facing allegations related to assault and battery with a deadly weapon, it’s crucial to seek the advice of an attorney. Every case is unique, and only an experienced lawyer can help you navigate the legal system and build a strong defense.
At the Wirth Law Office, we offer private and confidential consultations to individuals facing criminal charges. To schedule an appointment with an Oklahoma criminal law attorney, visit our website at makelaweasy.com. Don’t let a criminal charge ruin your life. Contact us today for the legal representation you deserve.